CIV/APN/442/2004
IN THE HIGH COURT OF LESOTHO
In the matter between:
ADELFANG COMPUTING (PTY) LTD Plaintiff
and
CGM INDUSTRIAL (PTY) LTD Defendant
Judgment
Delivered by the Hon. Mrs Justice A. M. Hlajoane on 9th August, 2007.
Plaintiff has sued the Defendant for a breach of contract. He alleged that they entered into a written digital leased line agreement on or about 25 January, 2002. The terms of that contract amongst others included that of providing a digital internet by Plaintiff to Defendant together with related services. There was a monthly rate payable by the Defendant to the Plaintiff.
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Plaintiff further alleged that the Defendant breached the agreement by failing to continue with making further monthly payments for a total of twenty months since May, 2004. As a consequence of that breach Plaintiff has cancelled the agreement.
Parties filed their papers in terms of the Rules of Court and pleadings were closed. In terms of Rule 39 (2) of the High Court Rules 1980, both sides approached the office of the Registrar for a date and were duly allocated a date. A notice of set down was filed. According to Plaintiffs Counsel he had served the notice of set down on Defendant's Counsel's office by pushing it under the door since there was no one in the office when service was effected.
When the day came for the arguing of the matter, Defendant was not in attendance. Plaintiffs Counsel moved that judgment be granted in terms of Rule 41 (1) of the High Court Rules, as he considered the claim to be a liquid claim where fixed monthly rates have not been paid for a specified period.
The Court has thus granted judgment in terms of Rule 41(1) of the High Court Rules, in the amount of M276,000 with interest at 18.5% from date of issue of summons to date of payment and costs of suit.
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M. HLAJOANE
JUDGE
For Plaintiff: Mr Loubscher
For Defendant: Mr Klass
